Annex III.b

A full list of relevant laws can be found on the website of the Ministry of the Environment (Miljöministeriet, 2022a).

The Environmental Protection Act (527/2014, Ympäristönsuojelulaki/Miljöskydds­lag) applies to activities which cause or can cause pollution of the environment. The responsible for such activities has a general duty to prevent and control pollution and to have the necessary preparedness. The act also regulates the tasks of various authorities. (Miljöministeriet, 2022b). The Environmental Protection Act does not apply to the activities referred to in the Act on Environmental Protection in Maritime Transport (1672/2009) or the Act on the Protection of the Sea (1415/1994).

The Act on Protection of the sea applies to marine areas outside Finland’s territorial water. It states that Finnish vessels may not undertake measures that could cause pollution of the sea (Finlex 1415/1994). 

The Act on Environmental Protection in Maritime Transport deals with prevention of pollution/discharges from ships by oil (Chapter 2), noxious liquid substances (Chapter 4), ship-generated sewage (Chapter 5), ship-generated garbage (Chapter 6) and air pollution (Chapter 7). It further refers to international commitments on anti-fouling systems and ballast water (Chapter 8). The act is elaborated in the government’s regulation 76/2010. The act and the regulation do not mention acute plastic pollution or other solid substances (Finlex 1672/2009).

Compensation for personal and property damage as well as the costs of response and restoration work, is governed by the Act on Compensation for Environmental Damage (737/1994), instead of the general legislation concerning compensation (Miljöministeriet, 2022a). The Act on Compensation for Environmental Damage is not applicable to damages caused in transport situations. 

The Regulation on substances which are hazardous and harmful for the marine environment prohibits the emission to lakes, rivers and the sea in Finland’s territorial water and economic zone of dangerous substances according to a specific list based on the EU’s water framework directive. It does not cover plastic pellets (Finlex 1022/2006).

The Ministry of the Environment of Finland is preparing a legislative project concerning post-spill cleanup and recovery operations for oil and chemical spills. The regulation aims to ensure that the tasks and responsibilities of the authorities and other parties involved in post-spill cleanup and recovery operations are clear, and sufficient preparations for the post-spill cleanup and recovery operations are made. In addition, the Ministry of the Environment of Finland is aiming to prepare legislation on the organisation of waste management in cases of exceptionally large oil and chemical spills. In these very exceptional situations, there is a need to organise the collection, transport, interim storage and treatment of waste in a flexible, systematic and controlled manner. A government proposal concerning the above-mentioned legislative matters is to be submitted to the Parliament in September 2024. (Miljöministeriet, 2022b). Finland is setting up an Environmental Damage Fund from which compensation will be paid for certain costs incurred in the prevention of environmental pollution and the restoration of polluted environments as well as for damage incurred when compensation cannot be recovered from the actual party responsible, for example due to insolvency or because the party responsible cannot be established. The Act establishing the Fund (Act on the Environmental Damage Fund 1262/2022) will come into force 1.1.2025. For example, the Fund will cover the costs incurred in the prevention of environmental pollution related to oil and chemical spills in certain situations. The Fund will replace the current Oil Pollution Fund (Act on the Oil Pollution Fund 1406/2004).

The Ministry of the Environment is responsible for the preparation, coordination and implementation of matters concerning environmental risks and for preventing environmental risks from the perspective of environmental protection. While acute plastic pollution is not mentioned, the Ministry states on its webpage that it guides, monitors and develops post-oil spill cleanup and recovery operations and the prevention of chemical spills and post-spill operations for these within its sphere of activities (Miljöministeriet 2022a).

The practical responsibility for "oil and chemical spill response on open sea" rests with the Border Guard (RAJA), and in coastal areas and inland waters and on land with the regional rescue departments. The rescue departments are composed of municipalities in so called rescue service regions (Finlex 379/2011). The boundary of management responsibility is agreed in detail in the joint plans of the Coast Guard Districts and regional rescue departments (Miljöministeriet, 2022b).

An area affected by environmental damage may require long-term restoration measures. This post-prevention is led by municipalities (RAJA, 2022b). 

In practical cases of environmental damage, the Finnish Environment Institute (SYKE) and the Centres for Economic Development, Transport and the Environment (ELY) (one in each region) provide experts assistance to deal with the situation (Miljöministeriet, 2022a).

The Ministry of the Interior is responsible for the general guidance, monitoring and development of the prevention of oil and chemical spills at sea. 

Other actors involved in the prevention of environmental damage include the Finnish Defense Forces, the Finnish Transport and Communications Agency Traficom, Metsähallitus, and private businesses with which the Finnish Border Guard has signed a service agreement. Voluntary actors also play an important role.

Keep the Archipelago Tidy (Pidä saaristo siistinä/Håll skärgården ren) is an NGO involved in many aspects of the marine environment, including waste management; communication; projects on marine litter monitoring, beach cleaning, etc.

Åland is a self-governing region in Finland. It has its own parliament, Lagtinget, and its own government, Landskapsregeringen. Åland is, through Finland, a member of the European Union.

Finland’s Act on Environmental Protection in Maritime Transport applies also to Åland. 

The Government of Åland through its infrastructure department is responsible for the prevention of environmental damage. The government has one oil combat vessel for which Åland’s Sea Rescue Service provides the crew. The government can ask for assistance from the Finnish Border Guard if needed and the Border Guard is obliged to assist. Åland is a demilitarized zone according to international agreements, which implies that no military forces from any countries are allowed to participate in the operations (Copenhagen agreement, 2022b).

Keep the Archipelago Tidy (see above) has expanded its activities from mainland Finland to Åland from February 2023. In 2019–2023, the project Städa Åland (Clean Åland) was carried out by the NGO Ålands Natur & Miljö.